Social Security Disability Benefits Payback Question

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My friend, Mark, has been declared disabled due to a debilitating, terminal disease. He was advised by his doctor not to work anymore and really couldn't if he wanted to because he doesn't have the strength.

He had been on disability once before, then tried to work, worked for just short of 3 years and then once again became very ill and couldn't work. He reported to Social Security at the time that he was working and asked what he needed to do. They told him nothing, that he was allowed to work up to 3 years before any action would be taken. He continued to receive SSD checks as well as working. Shortly after he stopped working and once again applied for SSD, he received a letter stating he owed several thousands of dollars back to Social Security due to overpayment. He reminded them that he had contacted them, and they told him to continue to cash the checks, which they said they have no record of saying. He told them at this point he wasn't able to work and it was impossible to pay it back. They told him to fill out a waiver. He did, stating he did not feel the overpayment was his fault, that he had notified them and they told him to continue to cash the checks, and that he had no way of paying it back. When after several months, he heard no response to the waiver, he contacted them, and again, they said they had no record of a waiver being sent in. He again sent a waiver in. Meanwhile, he was approved once again for the SSD and finally after almost a year, last month he received his first regular check from them. Today he got a letter stating as of May 2007, they were holding his entire check to pay back what was overpaid to him previously and that this would continue with every check until January of 2010. He again contacted them and asked what he was supposed to use to support himself. The woman told him she had no answers for him. He really doesn't know what to do at this point. Can they hold his whole check for 3 years to pay back money that they erroneously gave him? Should he contact an SS lawyer? If so, does anyone have any personal experience with a good lawyer to refer him to? This friend is very dear to me. I've known him for 30+ years, and I really hate to see him having to struggle with this at this point in his life. Thanks for any help you can offer.


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Sub: #4 Social Security is like the mob. You appeal to THEM. They of c
Sun, 08/09/2009 - 11:34

Social Security is like the mob. You appeal to THEM. They of course, deny it. You cannot depend on ANYTHING they tell you unless it is in writing. Each office is like it's own kingdom. They don't know what the other is doing and don't care what advice you get from them. I paid back an overpayment and two years later they are collecting it back again, even with proof of payment. I have to contact a certain person in one office but that person does not return phone calls.

Amanda Sullivan
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Sub: #5 I"m definitely not an expert.... however my son gets SSI each mo
Mon, 04/13/2009 - 16:20

I"m definitely not an expert.... however my son gets SSI each month. If we make "too much" money a certain period, then i get deductions from his checks. I was told they would not EVER withhold an entire check, only a certain percentage. They just divide the overages over the course of months. Im in Maryland, so I'm not sure if the laws are the same everywhere. Maybe if it was a large sum of money, maybe that's why they opted to take back the whole thing at once? if this is only source of income, they should work out a payment deduction for him.

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Sub: #6 repayment
Mon, 03/30/2009 - 18:18

I am in the same situation and i dont know what to do! I am unemployed and they stopped my payments in October, but are now saying i owe everything from the last 5 years. I cant afford a lawyer and there is no way i will ever be able to pay them back....


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Sub: #7 Ladybug and Tania, I know, it's a shame. You can't believe what
Tue, 06/26/2007 - 06:51

Ladybug and Tania, I know, it's a shame. You can't believe what anyone at SS says because no one will take responsibility. My friend is still having problems. They have given him the money back and then he's gotten a letter saying he needs to pay it back on 3 different occasions now, all within the last 2 months! It's really a shame. And Tania, you're right. The money we put into social security is outrageous, and we only get a fraction of what we put into it when we need it. I've been working for 30+ years and have already put $40,000 into it. Will I get it back? I'll be lucky to get a fourth of it back. What a ripoff.


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Sub: #8 It is absurd what social security is doing. They are paying so
Mon, 06/25/2007 - 18:21

It is absurd what social security is doing.
They are paying so little to disability people that
They are working because is no money to pay the bills.
After they see people is working because they cannot leave with a small disability check and people need
To pay many expensive things and they dont care.(utility bills) ,house,food ,toiletries,bus or car.
My husband get only 623,00 a month and is a shame
They give only this to a blind mentally ill person.
He cannot work anymore and my family help me to
Pay bills and put food in my table.
Food stamps is only 131,00 for month for 2 people.
I feel sad to see how people have to get other job
Because i see old people in front my house that work all day in the sun with the karts in the supermarket.i feel sad to see that social security
Wanted pay back when they are giving so little to
Dbaker6 i'm praying for your friend have justice
And for all people that need to work because they
Are heroes for me.


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Sub: #9 disability
Fri, 06/22/2007 - 15:40

I am on disability and have seriously thought about using my "Ticket to Work" to work. But after reading this post, I guess I am not going to because what has happened to your friend. I wish him luck.


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Sub: #10 Thanks, Irish. I will do that.
Tue, 05/08/2007 - 17:59

Thanks, Irish. I will do that.

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